Magellan Tutoring, LLC

Terms of Service Agreement

Last Modified date: 02/19/2018

Who we are:

Magellan Tutoring, LLC (MT) is an academic tutoring service providing academic services for students in Kindergarten thru 12th grade and adults.

Service:

MT provides Customers with academically qualified tutors.  Tutors provide live, one-to-one instruction, tutoring, and learning services either in-person or online.  These tutors are hired by MT as Independent Contractors.

MT services also includes, without limitation, selecting tutors on MT staff who will pair well with Customer’s student’s academic needs.  MT manages and oversees the tutor staff.

Modifications to the Service:

MT may add, change, or eliminate features, pricing, nomenclature, and other aspects of services and make other changes at any time.  These terms contained in this agreement will continue to apply to the services as modified. MT reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the services or any part thereof with or without notice. Customer agrees that MT shall not be liable to them or to any third party for any such modification, suspension, or discontinuance of the services.

MT reserves the right to terminate service to any Customer by providing the Customer with notice of such termination, which shall be effective immediately upon delivery of such notice.

MT may terminate services immediately with cause and without notice for any breach by MT’s terms or any other applicable policies, as posted on the website from time to time. Customer may terminate services at any time for any reason.  In any case, refunds of any balance will be forwarded back to Customer.

In the event of termination or expiration of these terms, all provisions regarding ownership of intellectual property, indemnification, disclaimer of warranties, and limitations of liability, consequences of improper conduct, fraud or abuse, the provisions of this section which, by their nature apply after termination.

Customer Registration to Magellan Tutoring:

Customers are registered to MT services after they have agreed with MT for MT to provide a 60-minute FREE tutoring session.  

MT requires a valid credit card to purchase a tutoring bundle for continued services.  The full tutoring bundle cost amount is due prior to start of continued tutoring services.  When Customer decides to use MT services and chooses a specific tutoring plan, MT will immediately charge the Customer’s credit card and put into the Customer’s account the number of hours and minutes that correspond to the Customer’s tutoring plan.  Customer, at any time, can request for the balance of tutoring time that is left into their account. MT will provide account balances periodically or when Customer’s number of hours and minutes is close to zero. Customers can elect to end or continue with their services after their account balance reaches zero.

Refunds for unused hours and minutes may only be made via request by email and within 90 calendar days from the original purchase date.

MT is committed to keep student’s information confidential, as required by law.

Schedule of Tutoring Services:

Tutoring sessions will be conducted on a mutually agreed time and place between MT and Customer.  MT reserves the right to cancel a scheduled tutoring session due to unforeseen circumstances. MT will re-schedule said tutoring session at a reasonable future date.  All efforts will be made by MT to give Customer proper notification of cancelled tutoring session.

Customer may cancel a scheduled tutoring session at any time.  MT reserves the right to charge Customer with one (1) hour of tutoring if Customer cancels within four (4) hours of scheduled tutoring session.

Billing Structure:

MT sells tutoring in bundles (packages) and requires valid credit cards to be kept on file for each Customer.  Full bundle payment is required prior to tutoring. Current bundle pricing is $55.00 for one (1) hour, $270.00 for six (6) hours of tutoring, and $400.00 for 10 hours of tutoring.  MT tracks bundle usage with internal systems and provides Customer of bundle usage status upon request.

To use MT services, Customer must be at least 18 years of age. Customers who are younger than 18 must have parental approval and parental registration, in order to use MT services.

Disclaimer of Warranty:

MT disclaims all warranties, express or implied, with respect to MT services and each portion thereof, including, but not limited to implied warranties of merchantability, and fitness for a particular purpose.

Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to the Customer.  Customer agree not to hold MT (or agents, employees, tutors, officers, representatives, members) liable for any instruction, advice or services delivered which originated through the services, through any verification service or in connection with MT content, or any portion thereof.

Indemnification:

The registered Customer agree to indemnify, defend and hold harmless all members, officers, directors, and associates, employees, and independent contractors of MT from and against all losses, expenses, damages, costs, claims and demands, including reasonable attorney's fees and related costs and expenses, due to or arising out of services.

MT reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by Customer, and in such case, Customer agree to fully cooperate with such defense and in asserting any available defenses.